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Decision Text

NAVY | BCNR | CY1998 | 06170-98
Original file (06170-98.pdf) Auto-classification: Denied
D E P A R T M E N T  O F  T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 N A W  ANNEX 

WASHINGTON DC  20370-5100 

TRG 
Docket No:  6170-98 
20 August 1999 

This is in reference to your application for correction of your 
naval record pursuant to the provisions of title 10 of the United 
States Code section 1552. 

A  three-member panel of the Board for Correction of Naval 
Records, sitting in executive session, considered your 
application on 17 August 1999.  Your allegations of error and 
injustice were reviewed in accordance with administrative 
regulations and procedures applicable to the proceedings of this 
Board.  Documentary material considered by the Board consisted of 
your application, together with all material  submitted in support 
thereof, your naval record and applicable statutes, regulations 
and policies. 

After careful and conscientious consideration of the entire 
record, the Board found that the evidence submitted was 
insufficient to establish the existence of probable material 
error or injustice. 

The Board found that you reenlisted in the Navy on 2 June 1987 
for two years.  Subsequently, you extended that enlistment for 
nine months for assignment to an "Avv school.  At the time of your 
reenlistment you had completed almost four years of active 
service on a previous enlistment.  The record shows that on 23 
September 1988 your rating was changed to CT03. 

On 23 September 1988 you signed an Administrative Remarks  (page 
13) entry in which you agreed to extend your enlistment in the 
future in order to complete a three year tour at your next duty 
station.  The page 13 was required because you could not extend 
or reenlist on 23 September 1988 because of a possible adverse 
impact on the amount of a reenlistment bonus you could receive, 
in the future.  You acknowledged that if you did not reenlist or 
extend as required, you would not be recommended for reenlistment 
and assigned an RE-4  reenlistment code. 

You reported to your next duty station on 19 November 1988. 
Subsequently you declined to reenlist or extend your enlistment. 
You were honorably discharged on 1 March  1990 at the expiration 
of your enlistment as extended and were assigned an RE-4 
reenlistment code.  At that time you acknowledged that you were 

not recommended for reenlistment because of your failure to 
obligate for additional service. 

In your application you state that you thought the page 13 entry 
meant  that you would negotiate extending your enlistment.  You 
also state that you elected to be discharged because you thought 
you were going to be married. 

In reaching its decision the Board noted that the page 13 entry 
clearly states that your enlistment or extension was required. 
The Board concluded that your failure to comply with the 
agreement was sufficient to support the assignment of the RE-4 
reenlistment code. 

Accordingly, your application has been denied.  The names and 
votes of the members of the panel will be furnished upon request. 

Any adverse reenlistment code may be waived and reenlistment 
authorized in the appropriate circumstances.  However, whether a 
waiver is granted is a matter solely within the discretion of 
recruiting authorities. 

It is regretted that the circumstances of your case are such that 
favorable action cannot be taken.  You are entitled to have the 
Board reconsider its decision upon submission of new and material 
evidence or other matter not previously considered by  the Board. 
In this regard, it is important to keep in mind  that a 
presumption of regularity attaches to all official records. 
Consequently, when applying for a correction of an official naval 
record, the burden is on the applicant to demonstrate the 
existence of probable material error or injustice. 

Sincerely, 

W.  DEAN PFEIFFER 
Executive Director 



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